Voters Decide High-Profile Issues on State Ballots
Same sex marriage bans pass, mixed results for tort reform
November 9, 2004
Voters approved same-sex marriage bans in 11 states November 2, as Americans took action on a total of 162 ballot measures in 34 states.
Other interesting issues were determined in California, Arizona and Colorado. California will be the first state to publicly fund embryonic stem-cell research. Arizona residents must prove they're U.S. citizens before they can register to vote or receive benefits like welfare. And Colorado's electoral vote allocation system will remain winner-take-all.
In many states this year, conservative issues dominated the ballot. Same-sex marriage bans and tort reform were hot issues in a number of states. Many other issues this year dealt with the nuts and bolts of state policy.
Same-sex marriage bans passed by large margins everywhere the question was raised: Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah. Oregon was the only state in which opponents believed the ban might fail, but it ended up receiving 59 percent of the vote.
Voters in six states—California, Colorado, Nevada, Wyoming, Oregon and Florida—considered tort reform measures. Results were mixed. Californians voted to limit who can sue for unfair business practices, while Colorado voters declined to repeal limits on homeowners' suits against builders for construction defects. The tort reform measures in Florida, Nevada, Oregon and Wyoming centered on medical malpractice. Florida voters passed a package of three measures. Nevada voters passed a measure limiting non-economic damages in malpractice cases, but failed another measure that would have punished attorneys who file frivolous lawsuits. Wyoming’s results on this issue were mixed, too—voters passed a measure requiring alternative dispute resolution or a medical panel review before a malpractice suit may be filed, but failed a measure that would limit non-economic damages.
Education funding was at issue in five states: Arkansas, Washington, Oklahoma, Nevada and North Carolina. Three measures passed and two failed. Nevada voters passed an initiative that forces the legislature to fund K-12 education before addressing any other part of the state budget. (Before this can take effect, it has to be approved again in 2006.) North Carolina voters decided to put civil fine money toward education, and Oklahoma voters want to do the same to lottery revenue. A property tax increase for education failed in Arkansas and a sales tax to fund education failed in Washington.
Washington voters took the unique step of turning down a tax cut because of its ties to gambling. Initiative 892 would have allowed non-tribal entities to operate slot machines, and used the revenue to offset property taxes. Two measures to expand gaming in California failed. Michigan voters passed a measure requiring voter approval for any new gaming. Nebraska voters faced a confusing array of four gambling measures, one from the legislature and three initiatives. Both the initiated and legislative measures for new casinos failed. Florida was the only bright spot for gambling advocates, where voters agree to allow slot machines at racetracks in Miami-Dade and Broward counties. Oklahoma voters agreed to a new lottery, dedicating its revenues to education.
A high-profile criminal justice issue failed in California. Proposition 66 would have relaxed the state's three-strikes law, requiring that the third strike be a serious or violent crime. It received only 47 percent of the vote.
On the drug policy front, Montana voters approved a medical marijuana program, but Oregon voters decided not to expand theirs. Alaska voters turned down an initiative that would have legalized marijuana for all adults.
Voters in Arkansas and Montana decided not to relax term limits.
Voters considered 50 citizen initiatives, 100 legislative referenda, two popular referenda and one other ballot measure this year.
For more information on initiative and referendum, contact Jennie Drage Bowser in NCSL's Denver office. |
